Naples Wrongful Termination Attorney Takes Action
Florida is an at-will employment state, meaning workers can quit without notice and businesses can fire employees without notice in most circumstances. However, businesses are prohibited from terminating employment under specific conditions, including to discriminate against a person included in a protected class, to retaliate against a whistleblower or in breach of an employment contract.
Jason L. Gunter, P.A. is a well-respected Southwest Florida law firm that has handled employment and labor law cases in Naples and Fort Myers for 17 years. As a Florida Bar Certified Specialist in Employment and Labor Law, Jason Gunter tackles tough cases involving wrongful termination. He pursues the most effective course of action and the appropriate remedies, which may include reimbursement of back pay, reinstatement to a job, monetary damages, attorneys’ fees and costs and other relief fitting to the client’s individual circumstances.
Employees are prohibited from making employment decisions based upon workers’ membership in certain protected classes, such as race, gender, nationality, age or disability. An employer who fires a worker because of her or his inclusion in a protected class unlawfully discriminates against the worker. In addition, the worker is protected by whistleblower provisions from being fired for filing a grievance alleging discrimination or otherwise pursuing a claim.
Our law firm helps our clients document the discrimination to build a solid case for wrongful termination. We typically pursue remedies through the Equal Employment Opportunity Commission (EEOC) process.
The whistleblower statutes protect workers who complain about or report unlawful activities, which may include withholding of wages, uncounted overtime, harassment, discrimination, fraud and violations of environmental, health, financial, securities or customers’ rights regulations.
An employee’s classification as a whistleblower does not bar a business from firing the employee for cause. To build an effective wrongful termination claim, therefore, the employee should be prepared to refute evidence presented by the employer that allegedly justifies the firing.
Breach of Contract
Businesses and employees can override Florida’s at-will rules by signing an employment contract. A business benefits from such a contract by attracting and retaining the best talent and an employee gains job stability and other benefits by signing the agreement, such as a guaranteed severance package, stock options or profitable bonus incentives.
An employee has contractual remedies available should the employer terminate the employee in breach of the contract. Often the employer blames the employee for the breach. For example, the employer may claim the employee failed to adequately perform certain duties as prescribed by the contractual terms. Our firm reviews the contract and circumstances to strategize the best course of action.
Learn More About Wrongful Termination in Florida
Gunterfirm counsels workers who have been fired based upon discrimination or whistleblowing or in breach of an employment contract. Our firm also advises businesses faced with a termination decision. Call Jason L. Gunter, P.A. at 239.334.7017 or contact our employment and labor firm online to schedule your free appointment with our Naples wrongful termination lawyer.
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"I am a retired lawyer and an inactive CalBar member. I contacted Mr. Gunter, acting as a business consultant for a small business, regarding a lawsuit against that business within his specialty of employment and labor law. The issues were wrongful termination and Wage-Hour Law violations. I cannot recommend Mr. Gunter highly enough. The results were very favorable."